The trademark re-heat Powerdrink was filed by Franz Hohensinner, a national of the Republic of Austria (the "Applicant") and Iris Wunder, a national of the Republic of Austria (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on September 14, 2022, and received one opposition filed on December 14, 2022 by Glanbia Performance Nutrition Limited on (a) Art. 8(4), (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Mamo TCV Advocates and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 14, 2022
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).